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02-21-2012 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, February 21, 2012 at 7:00 p.m. Members attending were Chairman Jim Purvis, along with Board members Ken Forte, Alfred Mannella, Dave Holt, Thomas Gorgone, and Chandra Myers. Also attending were Curt Henschel, City Planner, Suzanne O'Shea, Code Enforcement Officer, Allen LaClair, Water Conservation Coordinator /Code Enforcement Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney and Rae Chidlow, Administrative Assistant. The Pledge of Allegiance was recited. Code Enforcement Board Attorney swore in new Board member Tom Gorgone. The minutes from the Code Enforcement Board meeting of January 17, 2012 were approved as amended. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Allen LaClair, along with any of the public who may testify, were sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. CASE NO. 12 -801 Dwarkanand & Kay Mahanand 470 W. Hwy. 50 Clermont, FL 34711 LOCATION OF VIOLATION: 470 W. Hwy. 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35; Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the severe trimming of two oak trees in front of the property along, Highway 50. Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetncal appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Compliance of this violation will be when the following is completed in its entirety: Two preferred canopy trees are replaced in lieu of the ones that have been affected. The trees 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 must individually meet at least the following criteria: 65 gallon container, 12 feet in height in overall height immediately after planting, 6 foot spread, 3 caliper, FL Grade 1 or better. The trees must be replaced in close proximity to the affected trees, and not elsewhere on the property. The trees must be from the preferred tree list. Ram Ramphal Misir, 1821 Sunset Ridge Dr. Mascott, stated that the trees have always been maintained in a beautiful manner for the past 12 years. He stated that he has pruned these trees in this manner every year. Board member Ken Forte stated that these trees have been being pruned for 12 years now and it has just now come up as a violation. He stated that it seems the property owner is doing what he has been doing for the past 12 years and he would be hard pressed to vote this as a violation. Chairman Jim Purvis stated that he shares his concern about the history but the fact is there is a violation. Board member Al Mannella stated that the city required the homeowner's in Kings Ridge to prune their trees in front of the homes so he has a problem with the whole presentation. Board member Holt stated that this is a difficult violation because the City's timeline to cite this property. Board member Chandra Myers stated that she agrees with the others but then she see's that it is a violation according to the ordinances. Board member Tom Gorgone stated that his knowledge of trees throughout the City he does not see these trees as pleasing. He stated that these trees are over pruned and the one is lopsided. He stated that this tree has been topped and has not been allowed to grow upwards. He stated that the owner may have been doing this for 12 years but he needs to stop pruning the tree and allow it to grow as it should. Chairman Jim Purvis recommended finding the Respondent in violation so that in the event he does prune the trees again he can be found in repeat violation. He stated that he would be comfortable with a flat dollar fine of $50 or $100 rather than an accruing fine. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $50 and to not trim the trees in order to allow them to grow; seconded by Ken Forte. The vote was unanimous in favor offending the Respondent in violation with the fine and requirement to not trim the trees. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 CASE NO. 12 -804 Masthead, LLC. Land on Masthead Blvd. to Grand Hwy. Clermont, Fl 34711 LOCATION OF VIOLATION: Land on Masthead Blvd. to Grand Hwy., Clermont, FL 34711 REPEAT VIOLATION: Chapter 14 Sections 14 -9 (302 4); 2006 IPMC- Excessive weed and plant growth City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the property currently being overgrown with tall grass and weeds in excess of 18 inches. Compliance of this violation will be when all of these vacant lots have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right -of -way to the pavement. Additionally the hill and the fence line along Grand Highway should be suitably trimmed. Nasha Hooda, 535 Julie Lane, Winter Spnngs, stated that he was happy to work with the City and take care of whatever needs to be done. He stated that there is quite a slope on this property and the reason why he lets the grass grow on the slope is to prevent erosion. Todd Powell, 225 Temple Ave., Fern Park, issued a work order to maintain the property in 2005. He stated that it was well over grown at the time. He stated that there is a thirty feet birm that he can't take a riding mower on and it has to be weed eat. He stated that he has renegotiated with the property owner because it took 2 days, 3 men with 3 weed eaters in order to cut the whole hillside. He stated that he went out on Sunday and mowed the grass and weed eat around the fence inside the fence. He stated he did not get to the hillside because it is going to take more man power and time to complete. Board member Ken Forte asked if the birm could be sprayed. Mr. Powell stated that might be his next move if he's ordered to do so. Board member Tom Gorgone stated that this birm is no different in grade then along the highways. He stated that the State has planted a vegetation that does not grow like the grass and weeds on this property. He stated to keep this from being a reoccurring event he would cut this down and seek the advice from the State in agriculture as to what product they use or plant Bahia grass there. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 Chairman Jim Purvis suggested tabling this case for a month to give the Respondent time to come up with a remedy for the violation. City attorney Dan Mantzaris stated that if the Board wants to give them additional time, that's fine but Staff wants the order issued as a violation tonight and not table the case. He stated the Board can issue the order and allow them 60 days to find a remedy. He stated that the Respondent's last fine of $250 has not been paid at this time. Mr. Hooda stated he was not aware of the $250 fine and he would be happy to pay the fine. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $50 per day from January 27, 2012 until complied; seconded by Dave Holt. The vote was 5-1 in favor of finding the Respondent in violation with the fine and date with Chairman Jim Purvis opposing. CASE NO. 11 -767 SRGC, LLC & Summit Greens Residents Assn. Various Retention areas and Stormwater systems located on Sanctuary Ridge Golf Course, Clermont, FL 34711 LOCATION OF VIOLATION Residents Assn. Various Retention areas and Stormwater systems located on Sanctuary Ridge Golf Course, Clermont, FL 34711 REQUEST: Request for Forgiveness City Attorney Dan Mantzans introduced the case and stated the property is in compliance. He stated that a fine of $20,250 has accrued due to the violation. The Respondent is now asking for forgiveness. He stated that the City has spent a considerable amount of time on this matter and recommends a fine of $1000. Terry Stemcker 2942 Aspen Peak Ct., was sworn in. He stated that he is currently the President of the HOA Board and as the President his only reasonable and responsible thing to do is to ask for full forgiveness. Board member Al Mannella stated that he is on the Board of the HOA and he will not be voting on this issue. Ken Forte made a motion to dismiss this case with no fine and if either party separate or together comes before the Board again for a potential violation, that violation should not be considered a second offense. Code Enforcement Board attorney Valerie Fuchs stated that it is not proper protocol to dismiss the violation at this time. She stated that the Board has already found the Respondents in 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 violation and the order has already been put into place. She stated that the Board can forgive the fine, but can't dismiss the case. Ken Forte amended the motion to forgive the fine and if either party separate or together comes before the Board again for a potential violation, that violation should not be considered a second offense. Code Enforcement Board attorney Valerie Fuchs stated that the Board can't limit to future acts of a case because it could be a whole new Board that may hear future cases. Board member Dave Holt stated that the motion is out of order and requests a ruling on that. Ms. Fuchs stated that the motion is out of order because you can't bind future Boards. Chairman Jim Purvis passed the gavel. He stated that he agrees with Mr. Forte and this case should have never come before the Code Enforcement Board to start with. Board member Dave Holt stated that the City did expend a lot of effort to get this property complied. He stated that a $1000 fine is not an undue burden to these types of organizations. He stated that some type of fine should be assessed. Chairman Jim Purvis made a motion to give full forgiveness with no fine assessed; seconded by Ken Forte. The vote was 3 -2 in favor of full forgiveness, with Board member Dave Holt and Tom Gorgone opposing and Al Mannella not participating in the vote. CASE NO. 12 -802 Lindenhurst Realty Group, Inc. 998 E. Hwy. 50 Clermont, FL 34711 LOCATION OF VIOLATION: 998 E. Hwy. 50, Clermont, FL 34711 VIOLATION: Chapter 102, Section 102 -3; 102 -24; 102 -15; Removal of Unlawful Signs, Nonconforming signs and Permitted signs. City Attorney Dan Mantzaris introduced the case. He requested that this case be tabled to the May 15, 2012 meeting. Dave Holt made a motion to table Case No. 12 -802 to the May 15, 2012 meeting; seconded by Chandra Myers. The vote was unanimous in favor to table the case. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 CASE NO. 12 -803 Alexander T. Gimon & Patricia M. Lee 628 W. Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 628 W. Minneola Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9( 302.4)( 302 .1)(302.8)(304.2)(304.6)(308.1) (304.10) (304.12)(307.1)(504.1)(704 2) 2006 IPMC City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: Weeds and grass in excess of 18 inches in height. (Section 302.4 - Weeds). Accumulation of thick underbrush below trees, extreme overgrowth of bushes, broken limbs and branches, and various debris around the property. (Section 302.4 weeds, Section 302.5 Rodent Harborage, Section 302.1 Sanitation). Expired, disabled car in front yard bearing tag expiring in 2010. (Section 302.8 Motor Vehicles). There is a rotted overhang located at the west side entrance door (Section 304.2 Protective Treatment). Holes in the building (Section 304.6 Exterior Walls). Squirrels live in the attic space, and visible rodent feces in upstairs unit. (Section 308.1 Infestation). Awnings around the building with holes, falling, and rotted. (Section 304.2 Protective Treatment). The front upper level deck lacks safety noted in unsupported hand rail, rotted boards, and unapproved flooring. (Section 304.10 Stairways, decks, and Porches, Section 304.12 Handrails and Guards). Located in the rear of property there is a carport area with miscellaneous debris. Including but not limited to: appliances, tarps, jet skis, chairs, wood, concrete, etc (Section 304.1 Accumulation of Rubbish or Garbage). In the upstairs unit's kitchen, there is water stained ceiling that leaks. (Section 504.1 General). No smoke detectors in upstairs unit. (Section 704.2 Smoke Alarms). Compliance of this violation will be when all of the premises have met the following conditions: Cut all weeds and grass below 18 inches. Cut and clean around all trees and bushes, branches and tree limbs, in addition to removing all miscellaneous debris and refuse from the property. Remove all disabled, unregistered vehicles from the property. Repair the overhang and all rotted boards by west side door. Repair all holes and awnings around the building so rodents and rain cannot enter. Either remove the upper floor balcony and secure the door to the outside per the building official or hire a licensed structural engineer to certify the balcony is safe, or rebuild the balcony to meet current code (which includes zoning and building approval through the City if Clermont.) Repair the water stained ceiling in the kitchen, and address all area of possible leak. (Section 504.1 General). Install smoke detectors on wall or ceiling of each bedroom, and outside each bedroom. (Section 704.2 Smoke Alarms). 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 Dave Holt made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day if not complied by March 21, 2012; seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -805 William & Renee Banzhaf 790 W. Minneola Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 790 W. Minneola Avenue, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122 -343 (d) & 122 -344; Outside Display & No Sign Permit City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: Merchandise is being displayed in the right -of -way in front of the businesses. Additionally, the merchandise exceeds the 25 percent of the retail store width or 10 feet in width, whichever is less. No permit for the additional signage on the building, located to the right of the front door. Compliance of this violation will be when the following is completed in its entirety: Remove all items from the right of way in front of the businesses (the grass area), and limit merchandise to 25 percent of the retail store width or 10 feet in width, whichever is less. Remove the sign from the front of the store, or permit it. Ken Forte made a motion to find the Respondent in violation of the cited City code with no fine assessed at this time and seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in violation. CASE NO. 12 -806 Luz Rodriguez Vacant Commercial Lot on Hwy. 27, North of E. Montrose St. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant Commercial Lot on Hwy. 27, North of E Montrose St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (302.4); 2006 IPMC - Overgrowth of grass and weeds City Attorney Dan Mantzaris introduced the case. 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: There is an extreme overgrowth of weeds and grass on the property. (Section 302.4 Weeds). Compliance of this violation will be when the following conditions are met: All weeds and grass cut below 18 inches, uniformly trimmed, and all vegetative debris removed from the property. Dave Holt made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day if not complied by March 20, 2012; seconded by Alfred Mannella The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -807 • Orange Bank of Florida 516 W. Hwy. 50 Clermont, FL 34711 LOCATION OF VIOLATION: 516 W. Hwy: 50, Clermont, FL 34711 VIOLATION: Chapter 102, Section 102 -3 (b)(3)(g), Enforcement; Removal of Unlawful Signs, Chapter 102, Section 102 -24 (a)(b)(5)(8), Nonconforming Signs City Attorney Dan Mantzaris introduced the case. He stated that this case has complied and will not be heard: Chairman Jim Purvis passed the gavel. He stated that the City of Clermont, Fl is served by a volunteer group of residents: known as the Code Enforcement Board of the City of Clermont, FL. Those that serve on this Board do so of their free will and considerable donation of time. Many have served in this Board with little, or no recognition or acknowledgement of the service by the City Council, Staff, or general public. Many of those that have served this Board in the past are still either residents of the city or their current location is known to staff. Chairman Jim Purvis made a motion to direct staff to formulate and distribute to each known last address or new address a letter of Thanks and Recognition for Service to all persons having served on the Board for the past ten years. The content of the communication is to personally thank each of those persons for their time, effort, diligence, and commitment to fulfilling their responsibilities as a member of the Clermont, FL Code Enforcement Board and wishing them well in their current endeavors. The said letter is to be executed on behalf of the City by the manager Wayne Saunders; Alfred Mannella seconded. 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 21, 2012 Board member Dave Holt stated that he likes the thought of the letter but he does not believe the Board can't direct the City Manager to do the letter, but they could request the City Manager to provide the letter. City attorney Dan Mantzaris stated that he recognizes the motion as a request. The motion was amended to a request rather than to direct staff by Jim Purvis and Alfred Mannella. The vote was unanimous an favor of the letter being provided by City Manager. Chandra Myers nominated Dave Holt as Chairman and Alfred Mannella as Vice - Chairman; seconded by Tom Gorgone. The vote was unanimous in favor of the Chairman and Vice - Chairman. Jim Purvis stated that he is handing in his letter of resignation. There being no further business, the meeting was adjourned at 9:05 p.m. Dave Holt, Vice - Chairman Attest: Rae Chidlow, Code Enforcement Clerk 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 47A- 414/4114- 41p €G2 S• d o/OE cd reze in Atli MAILING O RES / / rHE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 99 47 E, 4 v "rld el WHICH I SERVE IS A UNIT OF Worry ❑ COUNTY DOTHER LOCAL AGENCY a /l ee Appdi � � NAME OF POLITICAL SUBDIVISION DATE ON WHICH VOTE OCCURRED MY POSITION IS 2 - — Z/— c — / ❑ ELECTIVE om APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112 3143, Florida Statutes Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position Foi this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her :special private gain or loss Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure 1/vhich inures to he spc :. ! gain or'ccc of a pr;rc:pw' (oth r than a government agen^v) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained), to the special private gain or loss of a relative, or to the special private gain or Toss of a business associate Commissioners of community redevelopment agencies under Sec. 163 356 or 163 357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes'of the meeting, who will incorporate the form in the minutes (Continued on other side) APPOINTED OFFICERS (continued) -- • A copy,of the form must be provided immediately to the other members of the agency ; -•- The form must be read publicly at the next meeting after the form is.filed.. __ ____ _ _ _ _ __ _ _ _ `i' \ g IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING , l' , ' - ., f_ __ �__,_ ____ ___.� _ ____ _ _ __ _ _ _ You must disclose orally the nature of your conflict in thepeasure before participating , ' -•- You must complete the form and file it within 15 days after the vote Occurs with the person - responsible for recordmgthe minutes "of the, r _ meeting, who must incorporate the form in the minutes A copy of the form must be provided immediateiy,to,the other members of the agency, and the form must be read pubhciy et the next meeting after the form _w_ is filed - - - -- - - - - ` — ` - - ` DISCLOSURE OF LOCAL OFFICER'S INTEREST '1, /e'er --a x�x --sv �I i¢bl/i ie44 - " -- ne'reby disclose that on - ‘ $- $6: t ea- e " _ ' , ' - 20 /4, 1 (a) A measure came or will come before my agency which (check one) • - ' „ : ' r r ')r - ' , 0 inured to my special prorate gain or loss; I i ! - - - inured to the gain Toss of my business associate,,0 r_ o f _ t' , , , , fir, . < inured to the special gain or loss of my relative, .'`' _ . - , . - , ' J J inured to the special gain or loss of , by whom I am retained, or `- - __ _____ ____._ _____ _ ____ _ ___ ___ _____ __ inured to the special gain or loss of - - - - ' - - - _ , which ' ` '' ` ' is the parent organization or of a principal which has retained me F ', - " , - ■ , ' (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows , _ _ i / , _ 1 ' /� _ - ; _ > ; ?�i � r ��' ! % '_ ,...:r � ) , � ll // - € x 1 1 , ) 2/c- iiic,e)16 A '. Z,..,.... _ Date Filed Sign' re _ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING' IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A' ■ CIVIL PENALTY NOT TO EXCEED $10,000. ' 1 'CE FORM 8B - EFF 1/2000 _ ' PAGE 2